le on the dock are one set, and the people on the boat
are the other.
"The people on the boat, with but one or two exceptions, are men who have
established no reputation for truth and veracity, have been successful
in the world in no way, even from the standpoint of stable friends,
living here and there, unfortunately; perchance, with some of them it is
due to unfortunate circumstances and environments, and they have been
unlucky, but still they haven't established stable friends in any
community.
"Then there are the three boatmen on the boat--and those three men,
unprejudiced, unbiased, not deputies and not Commercial Club members,
but merely laborers, they know where the first shot came from, and they
tell, and their testimony absolutely and entirely contradicts the
testimony of the defense in this case from start to finish.
"And when you look at that red face and red hair and that honest
expression of big Jack Hogan John Hogan here, and his honest blue eyes,
it doesn't seem to me that you can have any more doubt than I have that
Jack Hogan saw Tracy.
"Now, these men that come on the stand all confess they had a common
design. Their common design they say, was that about two o'clock in
Everett they were going to speak at the corner of Wetmore and Hewitt
Avenues, that is their common design.
"The court tells you that the purpose that they admit was unlawful, so
Tracy, by the testimony adduced in his favor, was one of the men having
a common design for an unlawful purpose. Tracy, regardless of his
location, regardless of whether he fired or not, is guilty.
"The sheriff and his deputies could have been guilty of everything
claimed against them previous to this and the defendant still be guilty
of helping and encouraging someone else to unjustifiably kill Jefferson
Beard.
"Under the Court's instructions there were acts done at Beverly Park
that were unlawful. There is no question about that. Instead of this
being a weakness on the State's part, it seems to me that it is an added
strength. Because the I. W. W. used Beverly Park for what purpose? They
jumped on it with desire, deeming it a fortunate circumstance because
they wanted to inflame men to invade Everett. They jumped on this, the
men at the head of the conspiracy, they jumped on Beverly Park because
they could use it to inflame their members. How do we know? Their own
statements! Their telegrams! 'Advertise conditions and send volunteers.'
Voluntee
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